In recent weeks, the Regulation on Postal Sector Authorization and the Regulation Amending the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers were amended.
Additionally, the Communiqué No. 2025-32/72 Amending the Communiqué No. 2008-32/34 on Decree No. 32 on the Protection of the Value of the Turkish Currency was published.
Communiqué No. 2025-32/72 Amending the Communiqué No. 2008-32/34 on Decree No. 32 on the Protection of the Value of the Turkish Currency
Pursuant to the amendment published in the Official Gazette on 19 April 2022 altering the Communiqué No. 2008-32/34 on the Decree No. 32 on the Protection of the Value of the Turkish Currency, it was no longer possible for parties residing in Türkiye to pay the purchase price of a sale of goods in foreign currency, even when the purchase price was denominated in a foreign currency or indexed to a foreign currency in the sales contract. The Ministry of Treasury and Finance lifted this ban as of 6 March 2025.
In this regard, Turkish residents are now able to determine the purchase price and other payment obligations arising from agreements concerning sales of goods, except for vehicle sales, in foreign currency or indexed to foreign currency
The Communiqué is available here (in Turkish).
Regulation Amending the Regulation on Postal Sector Authorization
On 8 March 2025, the Ministry of Trade published the Regulation Amending the Regulation on Postal Sector Authorization
The Regulation is available here (in Turkish).
The main amendments introduced by the Regulation are as follows:
- Those that offer postal services (platform-dependent postal services) where the acceptance, collection, processing, dispatch, distribution and delivery processes of the products sold or brokered for sale in digital environments (platforms), such as websites, mobile sites or mobile applications where goods or services are sold or brokered for sale, are planned, executed or coordinated by or on behalf of the platform must apply to the Information and Communication Technologies Authority (“ICTA”) for authorization by 31 December 2025.
- If the service is provided by the platform itself, the platform will be authorized. If the service is provided by a third party that is separate from the platform, the third party will be authorized.
- The service provided by businesses that deliver their own products directly to the recipient through their workers employed based on an employment contract will not be considered a postal service.
- Companies wishing to provide services at a national level must have a minimum paid-in capital of TRY 5,000,000 to obtain an authorization certificate, while companies wishing to provide services at a provincial level must have a minimum paid-in capital of TRY 1,000,000 to obtain an authorization certificate.
- If currently authorized companies do not apply to the ICTA with a certified public accountant's report showing that they meet the capital requirement by 8 March 2026, their authorization will be canceled.
- If the service will be provided in 6 or more provinces, a national authorization certificate must be obtained.
- An authorization certificate renewal application must be submitted to the ICTA no later than 6 months and no earlier than 12 months prior to the expiry date of the current authorization certificate.
- Service providers must take the necessary measures regarding energy efficiency, waste management, carbon emissions and environmental impacts in accordance with the principles of environmental sustainability in the accepted international standards and by ensuring the necessary follow-up. They must submit an annual report on these measures to the ICTA.
- Service providers will be obliged to monitor and record the daily and weekly working hours of persons working in the distribution and delivery phase electronically and keep these records for 2 years.
Regulation Amending the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers
On 8 March 2025, the Ministry of Trade published the Regulation Amending the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers.
The Regulation is available here (in Turkish), and our legal alert on the Regulation is available here for details.
The main amendments introduced by the Regulation are as follows:
- Electronic commerce service providers (ECSPs) must provide the
following information to electronic commerce intermediary service
providers (ECISPs):
- – Head office address, email address and telephone number for ECSPs that are merchants, tradespeople or craftspeople
- Name, surname, Turkish ID number, email address and telephone number for ECSPs that are not merchants, tradespeople or craftspeople
- The ECISP must display on the marketplace that it has the ECSP's approved electronic address and the information stated above, which it has verified.
- ECISPs must ensure that the ECSPs' introductory information is up to date and verify the information at least once a year.
- ECISPs can determine a right-of-withdrawal period that is longer than the legal periods set forth under Law No. 6502 on the Protection of Consumers without ECSPs' consent, provided that ECISPs explicitly include this period in the intermediary agreement.
- The imposition of a penalty clause by ECISPs without requesting an explanation from the ECSP over the internal communication system is considered an unfair commercial practice.
- The 15-day period will not apply to amendments that are in favor of ECSPs, provided that ECSPs are notified.
- The information provided in the internal communication system must be available for ECSPs to display, record and copy for the duration of the intermediary agreement and for 1 year following the termination of the intermediary agreement.
- Medium, large and very large ECSPs and ECISPs must submit the independent audit reports to the Ministry in August.
- Sponsorship expenditures up to 50% of advertising budgets will not be included in the advertising budget.
- Advertising expenditures that correspond to up to 5% of the calculated advertising budget of the ECISP and ECSP for the purchase of used goods and the sale of refurbished products within the scope of the Regulation on the Sale of Refurbished Products will not be included in the advertising budget.
- The amendment dated 30 October 2024 to E-Commerce Law No. 6563
introduced certain exceptions for the license fee calculation. It
stipulated that transactions made abroad through the electronic
commerce marketplaces of ECISPs and ECISPs that are part of the
same economic integration will not be included in the license fee
calculation. The following transactions will be considered to have
been conducted abroad:
- Transactions conducted abroad through ECISPs/ECISPs located in Türkiye that are part of the same economic integration (irrespective of whether the goods are sent abroad prior to or after the order)
- If ECISPs/ECISPs located in Türkiye and ECISPs located abroad are part of the same economic integration, transactions made abroad by ECSPs located in Türkiye through ECISPs located abroad (irrespective of whether the goods are sent abroad prior to or after the order)
- Transactions made abroad via ECISPs through a third-party ECISP located abroad (irrespective of whether the goods are shipped abroad prior to or after the order
- Orders made through ECISPs using a foreign IP address and a foreign card
- The final amount of invoices or documents in lieu of an invoice must be considered when calculating the abovementioned transaction amounts.
- The goods to be sold abroad must have the status of goods in free circulation in accordance with Customs Law No. 4458.
- The burden of proof regarding transactions made abroad lies with ECISPs. Accordingly, ECISPs must provide all kinds of information and documents to prove the declaration in question, take the necessary measures and establish the technical infrastructure for effective and efficient audits.
Conclusion
Significant legislative developments continue to be made in the commercial and trade sector. All stakeholders in the sector should carefully review the legislative developments and ensure compliance with the regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
